Chameleon Mining NL v Murchison Metals Ltd [2009] FCA 137

FEDERAL COURT OF AUSTRALIA

Chameleon Mining NL v Murchison Metals Ltd [2009] FCA 137

PRACTICE AND PROCEDURE – applicationfor leave to file expert evidence – filing of expert evidence would have effect of vacating trial date – delay by plaintiff in seeking to adduce expert evidence – no explanation by plaintiff of reasons for delay – prejudice to defendants – some losses cannot be compensated by costs order – application for leave denied Black & Decker (Australasia) Pty Ltd v GMCA Pty Ltd [2007] FCA 1623 followed Ingot & Ors v Macquarie & Ors [2004] NSWSC 1219 referred to Micallef v ICI Operations Pty Ltd & Anor [2001] NSWCA 274 referred to Queensland v J L Holdings Pty Ltd (1997) 189 CLR 146 referred to CHAMELEON MINING NL v MURCHISON METALS LTD ACN 078 257 799, PHILLIP FELICE GRIMALDI, GREGORY BENNETT BARNES, CROSSLANDS RESOURCES LTD ACN 061 262 397 and PINNACLE NOMINEES PTY LTD ACN 008 928 443

NSD 2355 of 2007

JACOBSON J

5 FEBRUARY 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2355 of 2007

BETWEEN: CHAMELEON MINING NL

Plaintiff

AND: MURCHISON METALS LTD ACN 078 257 799

First Defendant

PHILLIP FELICE GRIMALDI

Second Defendant

GREGORY BENNETT BARNES

Third Defendant

CROSSLANDS RESOURCES LTD ACN 061 262 397

Fourth Defendant

PINNACLE NOMINEES PTY LTD ACN 008 928 443

Fifth Defendant

JUDGE: JACOBSON J

DATE OF ORDER: 5 FEBRUARY 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application to adduce further evidence is dismissed. 2. The plaintiff pay the costs of today's application.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA